The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council uses boxes for the waste recycling service. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mrs X, complains the Council uses boxes for the recycling. She says she has six boxes, they overflow, blow around in the wind, and rubbish can get strewn around the street. Mrs X wants the Council to use bins.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mrs X and the Council. This includes Mrs X’s complaints to the Council and the Council’s responses. I considered the Ombudsman’s Assessment Code and invited Mrs X to comment on a draft of this decision.
My assessment
Mrs X complained to the Council about its use of boxes for recycling rather than bins. In response, the Council explained it had considered using bins but had decided against it due to the cost. The Council explained that boxes allow it to sell the separated recycling and the income helps to fund the service. It said that not everyone has room for bins although it agreed some people find it hard to store boxes. The Council said it uses industry standard boxes, with lids and nets, which help to contain the waste. The Council said it will take Mrs X’s views into account when it next reviews the service.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. The law says councils can decide what receptacles people must use for their waste and recycling. The Council has explained why it has chosen to use boxes for the recycling and that it will take other views into account when it next reviews the service. I appreciate there can be problems associated with the use of boxes, but there can also be problems linked to bins.
We are not an appeal body and it is not our role to tell councils how to manage its waste services. There is no suggestion of fault so no reason to start an investigation
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman